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Version dated April 11, 2025
MyBestPro is a simplified joint-stock company with a capital of €161,214.90, registered with the Paris Trade and Companies Register under number 478 444 474, with its registered office at 75 rue d'Amsterdam 75008 Paris ("MyBestPro"). MyBestPro is the operator of the online platform called Wengo that provides a service connecting an Expert with their Client for the provision of a service.
This contractual document defines the rights and obligations of Users in the context of using the Wengo Platform, as well as the roles and responsibilities of MyBestPro in the administration of the Wengo Platform.
The associated documents (the "Associated Documents") are the following contractual documents:
"Client" refers to any natural person using the Platform to benefit from services offered by Experts
"Confidential Codes" refers to personal codes in the form of an identifier and password allowing the User to access their Account
"Account" refers to the personal space of any User where their information accessible on the Wengo Platform is stored
"Expert" refers to any natural person or legal entity offering services on the Wengo Platform in a professional capacity and according to conditions defined by the Expert
"KYC" (Know Your Customer) refers to the process for verifying the Expert's identity
"Wengo Platform" refers to the technical platform connecting Experts and their Clients, accessible via Wengo websites or by telephone
"User Service": Dedicated support service for Users that can be contacted by email, telephone, or postal mail
"User" refers indiscriminately to any Client or Expert using the Wengo Platform
The Wengo Platform allows the Client to contact an Expert to benefit from their services in various fields, particularly astrology, psychology, well-being, coaching according to commercial conditions freely set by the Expert and in compliance with the General Terms and Conditions of Use.
These General Terms and Conditions of Use are intended to define the conditions of use of the Wengo Platform by any User.
The User expressly declares having read these General Terms and Conditions of Use and accepting them.
Prior registration on the Wengo Platform is mandatory before any use of the Wengo Platform by the User. Indeed, the User must proceed with the creation of their Account using the registration form available on the Wengo Platform or by telephone by contacting User Service.
The User agrees to complete all mandatory fields of the form and to communicate to MyBestPro accurate, complete, and up-to-date information to allow MyBestPro to validate the creation of their Account.
The User acknowledges that providing any erroneous, incomplete, false, or outdated information during registration may engage their liability both towards other Users and MyBestPro.
The User is responsible for updating the provided information and must, in case of change, proceed with modifying the information in their Account. The User assumes full responsibility towards other Users and MyBestPro for the consequences resulting from any omission or negligence in this regard.
In case of providing erroneous, incomplete, false, or outdated information, non-compliance by the User concerned with their essential obligations such as the payment obligation as a Client, MyBestPro may decide to suspend or terminate the User's Account.
MyBestPro may, at its sole discretion, end the suspension or authorize a new registration of the User upon correction of the erroneous information or if it appears that:
Upon creation of their Account, MyBestPro assigns the User their Confidential Codes.
MyBestPro reserves the right to request the User to modify all or part of their Confidential Codes, particularly for regulatory, technical, or security reasons, without the User being able to object and/or claim any compensation in this regard.
The Confidential Codes are strictly confidential and for personal use. It is up to the User to take appropriate measures to prevent a third party from gaining knowledge of them. Therefore, the User agrees not to communicate them to anyone in any way. The User is solely responsible for their safekeeping and use and must answer for the acts and actions of any person using their Account even without their knowledge.
Any transaction for which the User has been identified through their Confidential Codes will be taken into account by the Wengo Platform and will bind the User concerned.
The User agrees to immediately modify their Confidential Codes when they have reason to believe that the confidentiality of their Confidential Codes has been compromised or that an unauthorized person has had, or may have access to their Confidential Codes.
The User must immediately inform MyBestPro's User Service, which will suspend any possibility of access to the Wengo Platform using the old Confidential Codes.
Any natural person aged at least 18 years and having full legal capacity may register on the Wengo Platform as a Client.
Any person, natural or legal, who has a SIREN number in France or a tax identification number in a country other than France may register as an Expert. This number must remain valid as long as the Expert is registered on the Wengo Platform. An Expert who no longer has such a number cannot remain registered on the Wengo Platform.
To be able to register on the Wengo Platform, the Expert communicates the necessary information to MyBestPro. Among this information is a KYC, which allows for collecting information intended for payment providers.
The KYC includes: the names and addresses of the company and its representative; the RCS or SIREN number, VAT number if applicable or tax identification number and the company's bank statement; the date of birth, identity card number, phone number, email address, and identity photograph of the company's representative. This list is not exhaustive; it may evolve according to regulatory requirements.
MyBestPro reserves the right to request additional information from the Expert, particularly declarations filed by the Expert with tax and social authorities according to the Expert's obligations and applicable legal provisions. Indeed, by providing services on the Wengo Platform, the Expert is subject to declaration obligations, particularly with tax and social authorities. The Expert must be up to date with tax and social declarations and with the payment of all contributions, taxes, and fees resulting from transactions concluded via the Wengo Platform.
The Expert must not offer prohibited services ("Prohibited Services") via the Wengo Platform. Prohibited Services consist of all activities contrary to laws and regulations and likely to result in administrative, civil, and criminal sanctions against the Expert and/or MyBestPro in its capacity as technical intermediary.
For reference, the following activities are prohibited on the Wengo Platform:
Prior authorization must be issued by MyBestPro for activities whose provision requires by law or regulations conditions of diploma, registration with a professional order, permit, license, or other regulatory or administrative authorization.
The Expert must therefore verify that the service they intend to offer on the Wengo Platform does not constitute a Prohibited Service or a service subject to authorization.
To ensure the proper functioning of the Wengo Platform, MyBestPro limits the number of Experts registered on the Wengo Platform based on:
As the number of Experts registered on the Wengo Platform is limited, before being able to register, any new Expert must have demonstrated their ability to provide quality service. To do this, the Expert must pass a test with a MyBestPro collaborator.
MyBestPro reserves the right to refuse the registration of a new Expert.
Before any consultation with a Divinatory Arts Expert, it is important to specify that:
All Divinatory Arts Experts must:
MyBestPro's role is that of a technical communication intermediary that makes the Wengo Platform and its tools available to Users.
MyBestPro does not contractually participate in the production and provision of services by Experts and is not responsible for them.
The Expert is solely responsible for the terms and execution of the contract they conclude with the Client and for the information they put on the Wengo Platform.
Transactions are formed directly between the Expert and the Client.
MyBestPro consequently incurs no liability in relation to negotiations, conclusion, and execution of services - subject to the responsibilities incumbent upon it as a provider of technical tools - and provides no guarantee as to the successful completion of services or payment of transactions by the Client.
MyBestPro particularly does not exercise any control and assumes no responsibility in relation to:
MyBestPro uses technical payment processing providers on the Wengo Platform, particularly the technical provider Adyen, whose general terms and conditions are the following and to which the User acknowledges adhering without reservation: www.adyen.com/fr_FR/legal/terms-and-conditions-adyen-for-platforms-fr
In case of dispute between Users regarding a transaction, the Users concerned are invited to contact MyBestPro via User Service to report the existence of a dispute such as claims, refunds. In accordance with the article relating to dispute resolution, Users must first attempt to resolve the dispute between themselves.
MyBestPro is not responsible for the content of websites accessible through references and links inserted by Users.
It is the User's responsibility to take all necessary precautions to ensure that the insertions they choose to make available are free from viruses, worms, Trojan horses, or any other element that could damage the equipment of other Users and MyBestPro and/or the proper functioning of the Wengo Platform. Under no circumstances can MyBestPro be held liable to anyone for any direct, indirect, or other damage resulting from the use of third-party websites.
The use of the Wengo Platform implies that Users observe behavioral standards based particularly on respect for laws and regulations and moral values such as respect for others, courtesy, good faith, and loyalty. Users are also required to act in accordance with these principles on forums and blogs available or accessible from the Wengo Platform.
The use of the Wengo Platform also implies respect for the principles established by MyBestPro regarding moderation by Users.
Any violation of laws and regulations may be reported to MyBestPro.
The User acknowledges that the information they make available on the Wengo Platform is done so under their sole responsibility. The User consequently undertakes to ensure that the information they disseminate on the Wengo Platform does not contravene current legal and regulatory provisions.
In this regard, MyBestPro reserves the right to remove from the Wengo Platform any content, data, information, or offer that is manifestly unlawful or inappropriate of which it becomes aware, and even to suspend or permanently terminate the Account of the User in question.
The User is prohibited from:
MyBestPro declares that it owns the rights to the Wengo Platform and its Mobile applications.
Any act of counterfeiting or that could be qualified as such that is the work of a third party and of which the User becomes aware must be reported to MyBestPro, which will handle the legal actions to be taken.
The "WENGO" trademarks and logos as well as other trademarks and logos owned by MyBestPro and its partners' trademarks and logos are protected by appropriate registrations with competent offices.
All texts, images, icons, drawings, graphics, photographs, programs, and other components of the Wengo Platform are the property of MyBestPro or its partners and are protected by French copyright law.
Any commercial or non-commercial use of images, texts, icons, drawings, graphics, photographs, programs, and other components of the Wengo Platform without the prior written consent of MyBestPro is strictly prohibited.
MyBestPro disclaims any liability in the case of a counterfeiting action between Users or more generally in the case of any counterfeiting action initiated by a third party against a User.
The Expert guarantees that they have the intellectual property rights and image rights allowing them to register their listing made available on the Wengo Platform and guarantees MyBestPro against any action initiated by third parties for any violation of rights.
The Expert grants MyBestPro, free of charge and non-exclusively, a license to use and exploit their distinctive elements such as business name, trademark, logo, photo, etc. or any listing information, for which they retain ownership of intellectual property rights, worldwide and for the entire duration of the rights in order to allow the listings for their services to be made available on the Wengo Platform.
This license to use and exploit includes in particular:
The Expert is prohibited from communicating any misleading or deliberately erroneous, inaccurate, or incomplete information when publishing a service offer on the Wengo Platform.
The Expert is required to describe as accurately and precisely as possible the object, price, and characteristics of the proposed service, prior to any transaction, using the tools made available on the Wengo Platform in the "Create a Service" section.
In general, the Expert guarantees that they are authorized to provide the proposed services in compliance with current laws and regulations.
The Expert is answerable to Clients, MyBestPro, third parties, and competent authorities for any violation of regulations applicable to services provided according to their nature.
It is particularly incumbent upon the Expert to comply with all applicable consumer law rules and especially the provisions of Articles L.111-1 et seq. and L. 221-5 of the Consumer Code, as well as the provisions of Articles 1174 et seq. and 1366 et seq. of the Civil Code applicable to contracts concluded in electronic form.
In application particularly of Articles L. 111-1 et seq. and L. 221-5 of the Consumer Code, the Expert makes available to the Client through access on the Wengo Platform the following information:
The Expert undertakes not to use Clients' personal data collected through the Wengo Platform for purposes other than the execution of the service provided on the Wengo Platform and this in accordance with the Personal Data Protection Charter and particularly not to use this data on a competing platform. The Expert undertakes not to adopt behavior contrary to business ethics and particularly not to commit acts of unfair competition or parasitism.
When a Client wishes to benefit from a service, they must first accept the conditions and details of the services proposed by the Expert before requesting to get in contact with the Expert ("Connection").
The Connection is taken into account when the Expert has agreed to provide their services to the Client.
However, a service contract is only formed between the Client and the Expert from the moment the Expert and Client have made contact on the Wengo Platform and the Expert has accepted the Connection. The Connection does not constitute acceptance of a firm offer and the conclusion of the transaction is subject to confirmation by the Expert, who is in no way obligated to respond favorably to all requests addressed to them.
The Client does not owe the transaction price prior to its completion.
The Client is also informed that once services have been performed, due to their nature, the Client cannot invoke any right of withdrawal with MyBestPro or the Expert who provided the service.
The Client accepts that their relations with MyBestPro are governed by French law regardless of the country of residence of the Client or Expert and the territory of execution of the service and corresponding payment. However, the mandatory rules of the Client's country of residence who meets the definition of consumer within the meaning of the Consumer Code continue to apply.
The Expert alone determines the rates applicable to their service offered via the Wengo Platform within the framework of technical possibilities offered by the Wengo Platform.
The price of the service depends on the criteria chosen by the Expert to establish their pricing conditions.
The price may consist, at choice:
When the Expert chooses per-minute pricing, their billing is done in one-minute increments. Any minute started is owed by the Client.
Payment to the Expert is due by the Client once the service has been performed.
After the service has been performed, the Expert must deliver by email to any Client who requests it an invoice specifying:
Whenever payment by credit card has been made fraudulently, the cardholder will have the possibility to claim a refund of the disputed amount.
In the event of an incident resulting in MyBestPro refunding the transaction amount (namely disputed transactions or canceled transactions), or when MyBestPro fails to collect payment (for example in case of insufficient funds in the Client's account), the Expert will be liable to MyBestPro for the corresponding amount insofar as they alone assume the risks related to the transaction, MyBestPro's role being limited to that of a payment intermediary.
MyBestPro will send the Expert supporting documents for the refund upon simple request.
MyBestPro will deduct the disputed amount from future payments due to the Expert, in accordance with the legal compensation rules provided for in Articles 1347 et seq. of the Civil Code.
MyBestPro charges service fees to the Client for using the Wengo Platform.
The methods of calculation and payment of these fees are indicated at the time the service is initiated.
During a telephone connection, MyBestPro may also charge the Client for communication costs, depending on the destination of calls.
The billing and payment terms for these communications are specified before the service begins.
MyBestPro charges the Expert a fee, which corresponds to MyBestPro's remuneration for:
During their registration period on the Platform, the Expert owes a minimum fee of 200 dollars per month. Should the total amount owed by the expert to MyBestPro for a given month be less than €200, the expert agrees to pay a fixed minimum fee of €200 for that month.
MyBestPro reserves the right to modify the pricing amount subject to having previously informed thirty (30) days before the entry into force of this modification.
The methods of calculation and payment of pricing are specified on the information website dedicated to experts:
https://sites.google.com/wengo.com/readertrainingguide/earnings-followup/commission-and-prices
Payment to the Expert is due by the Client once the service has been performed.
Payment by the Client to the Expert for the service is made through one of the secure payment methods made available via the Wengo Platform.
MyBestPro provides Clients with several secure payment methods including, without this list being exhaustive:
The credit card payment order for the service price made through the WENGO secure payment service is irrevocable, except in case of fraudulent use of a credit card.
Therefore, the Client cannot oppose this payment when they are dissatisfied with the service or when it does not correspond to the specifications of the offer. In case of dispute between the Expert and the Client, they must first attempt to resolve it in accordance with the provisions set out in the article relating to Dispute Resolution in these General Terms and Conditions of Use.
The Client can use a Wengo wallet (the "Wengo Wallet") to proceed with payment to the Expert. This payment method can be used for purchasing services directly on the Wengo Platform.
The Wengo Wallet is an account on which the Client can credit money. Before connecting the Client with an Expert, the Client is informed of the number of minutes they can benefit from based on the amount credited to their Wengo Wallet.
When the Client requests a service, the money available in their Wengo Wallet is used in priority over any other payment method.
Credits added to the Wengo Wallet and not used are not refundable, except for the exercise of the Client's right of withdrawal relating to the Wengo Wallet. The Client is informed that any credit available in their Wengo Wallet has a validity period of twelve months, from the last credit operation on their Wengo Wallet. As soon as the Wallet is credited, all available credit is considered to have been credited on this date valid for a validity period of twelve months.
To benefit from this service, the Client must proceed to credit their Wengo Wallet by making an online payment particularly by credit card or through Paypal. The amount that can be credited to the Wengo Wallet is not limited. However, each recharge transaction is limited to a maximum of €500.
If the Client uses the Wengo Wallet and credit card for payment of their transactions, they can request that only their Wengo Wallet be debited, either directly in their Client Space or by request to User Service.
The Wengo Wallet can also be credited by obtaining promotional offers granted by the Expert or by MyBestPro. In this case, credits may be subject to specific terms of use specific to each offer and viewable on the Wengo Platform.
Once the service has been performed, the Client cannot invoke any right of withdrawal with MyBestPro or the Expert in relation to the service.
The consignment of the transaction price between the Expert and the Client is made to an escrow account managed by the payment provider.
The Expert gives their authorization to MyBestPro for the collection on the escrow account of the amount owed to them by the Client for a transaction.
The Expert agrees that the amounts paid into the escrow account correspond exclusively to the payment of transactions carried out on the Wengo Platform.
The Expert waives any claim to the benefit of interest that might result from the consignment of amounts paid by the Client into this account, such interest being the property of MyBestPro pursuant to Article 1957 of the Civil Code.
If it appears that the price has not been received in the escrow account immediately after the transaction is completed, the Expert will be free to act personally against the debtor Client.
Once the transaction price is consigned to the escrow account, payment is made to the Expert on the 1st working day from the 5th of the following month, provided that the difference between the sum of the amounts of services invoiced by the Expert to Clients and the amount of fees owed by the Expert to MyBestPro pursuant to Article 8.2.2 is at least equal to one hundred (100) dollars.
Otherwise, if the amounts due to the Expert are less than one hundred (100) dollars in a given month, payment will not occur until the amount of one hundred (100) dollars is reached.
Each month, MyBestPro calculates the Expert's net earnings as the difference between the amount of services invoiced by the Expert to Clients and the amount of fees owed by the Expert to MyBestPro pursuant to Article 8.2.2. If this net earning is less than the monthly minimum fee of 200 dollars, the Expert must pay MyBestPro the complement between the net earning and the minimum fee no later than the 1st working day from the 5th of the following month.
The Expert's referencing in search results on the Wengo Platform depends primarily on their availability at the time the search is performed by the Client.
Subsequently, the referencing is entirely random.
However, the Client has the possibility to choose referencing options by categories as particularly described below:
Clients who have benefited from a service lasting at least 4 minutes (excluding free period) have the possibility to leave a review on the profile of Experts with whom they have been in contact. Similarly, Experts have the possibility to post a response to each review thus left by a Client on their profiles.
MyBestPro does not perform any prior control of reviews left by Users. All reviews left by Users are published on the Wengo Platform. Only a Client who has already used an Expert's services can leave a review about them.
Reviews left by Users on the Wengo Platform must be written in good faith without intent to harm and must not contain comments that advocate crimes against humanity, incite racial hatred, violence, are of a racist, xenophobic, homophobic, or pornographic nature, or, in general, that undermine human dignity.
As soon as the Expert considers one of the reviews as defamatory, they must alert Wengo customer service in writing (by email or by mail to MyBestPro 75 rue d'Amsterdam 75008 Paris), attaching the following elements:
In any case, the content of reviews thus left engages the full responsibility of their authors.
Published reviews show the date of publication of the latter or the date of the last modification.
Reviews are not subject to any consideration of any kind whatsoever. Reviews published on the Wengo Platform are without duration limitation and this from their publication by Clients or Experts. However, it should be noted that a certain time lag may occur between the date of writing the review and the date of publication of the latter on the Wengo Platform.
Published reviews strictly depend on the contractual relationship between the Expert and their Client. Except for the very exceptional case of a defamatory review, MyBestPro therefore does not exercise any subsequent control over reviews. In any case, MyBestPro does not draw any consequences from reviews. In particular, reviews do not have any consequences for the Expert, particularly regarding their visibility on the Wengo Platform, their access to the Wengo Platform, or even the continuity of their registration on the Wengo Platform (with the exception of lists of Experts presented on the site, based on reviews, such as the "Best rated" list).
MyBestPro warns Clients against the emergence of dependency on certain services and shares its recommendations.
MyBestPro establishes a maximum limit of two hundred (200) dollars per transaction per Client. Beyond this amount, the service will be interrupted after informing the Client.
Each month, the Client is blocked as soon as the monthly amount of their transactions exceeds 1500 dollars ("Monthly Limit"). The Client can unblock their Account from their personal space.
It is automatically unblocked at the beginning of the following month unless expressly requested otherwise. At any time, the Client can contact MyBestPro's User Service to request to modify the amount of their Monthly Limit.
Dependency ("Dependency") results from a state of habituation due to excessive use of Expert services.
Some Clients may develop a Dependency due to excessive use of Expert services. MyBestPro recommends that every Client make reasonable use of Expert services to avoid any Dependency.
MyBestPro provides Clients with a questionnaire that allows detecting a state of Dependency:
A positive answer to two or more of the previous questions suggests a state of Dependency.
To fight against the emergence of Dependency, MyBestPro encourages Experts who suspect a state of Dependency in a Client to report it to MyBestPro.
MyBestPro recommends that Clients adopt responsible behavior to avoid excessive use of services that could lead to Dependency.
Thus, MyBestPro recommends adopting certain behaviors for healthy use of services:
The Client can decide to permanently close their Account with a simple call to MyBestPro's User Service.
The Client undertakes to provide accurate and exact information during the permanent closure of their Account so that MyBestPro can identify them and refuse them a new registration request.
MyBestPro informs the Expert that it constitutes fraudulent abuse of a situation of weakness, criminally sanctioned, to take advantage of the situation of weakness of a
Client to encourage them to use their services excessively. Such behavior is prohibited on the Wengo Platform.
In case of serious violation of the General Terms and Conditions of Use, or any unlawful action, MyBestPro has the right to remove from the Wengo Platform immediately and without notice certain content and/or suspend or terminate the User's Account, or take other appropriate measures against them.
Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004, MyBestPro is not, however, subject to any general obligation to monitor information and content accessible on the Wengo Platform or to any general obligation to search for facts or circumstances revealing unlawful activities.
In the event that a User becomes aware of the commission on the Wengo Platform of a violation of applicable laws and regulations, and in particular of the presence of content advocating crimes against humanity, inciting racial hatred, violence, of a pornographic nature and, in general, undermining human dignity, they undertake to immediately alert MyBestPro by contacting User Service and to provide information allowing identification of the incriminated content and/or author.
The User undertakes not to use the Wengo Platform for fraudulent purposes and in particular not to engage in money laundering activities as defined in Article 324-1 of the Criminal Code.
The User is warned that MyBestPro will communicate, as soon as it deems necessary and at its discretion, all necessary information, including nominative information, to the competent authorities responsible for the repression of this offense.
As a security measure, MyBestPro may suspend or terminate by right, definitively and without notice the Account of a User in the presence of a set of indications suggesting the realization of such an offense.
Every User undertakes to guarantee and indemnify MyBestPro against the consequences of any claim from a third party, resulting from the User's non-compliance with the terms of the General Terms and Conditions of Use, applicable laws and regulations, an intellectual property right or the non-execution of a transaction by the User in question. The User undertakes to provide their full and complete cooperation in the context of processing another User's claim against them or the possible negotiation of a settlement solution.
MyBestPro assumes no other obligation than those relating to its role as an online intermediary.
MyBestPro provides no guarantee regarding the availability or performance of the Wengo Platform and the User cannot seek MyBestPro's liability for any missed gain, loss of opportunity or loss of turnover.
In all cases, MyBestPro is only liable for direct and foreseeable damages suffered by the User and caused by any breach of its obligations arising from these terms or the law, within the limit of an amount of one hundred and fifty (150) dollars per User per damage.
The limitation of liability defined above is inapplicable in case of fraud or gross negligence by MyBestPro, in case of bodily injury or when the User is a consumer and MyBestPro contravenes the rules protecting the latter.
The User is responsible for direct or indirect, material or immaterial damages caused to MyBestPro and/or any partner of MyBestPro.
The User agrees to indemnify MyBestPro for all losses, expenses, damages and costs that may result from non-compliance with the General Terms and Conditions of Use.
MyBestPro is not responsible for the proper execution of the Expert's service, nor for its content.
MyBestPro therefore incurs no liability in relation to negotiations, conclusion and execution of services subject to the responsibilities incumbent upon it as operator of the Wengo Platform, and provides no guarantee as to the successful completion of services rendered by the Expert or payment of services by the Client.
MyBestPro particularly does not exercise any control and assumes no responsibility related to:
In case of breach by a User of one of their obligations, MyBestPro may suspend or terminate an Account by right without judicial intervention, and without compensation.
MyBestPro gives notice electronically to the latter to end said breach within a period of thirty (30) days. In the absence of measures taken by the User to remedy said breach, MyBestPro reserves the right to suspend or terminate the User's Account with immediate effect.
MyBestPro will inform the User of its decision of suspension or termination by email or by registered letter with acknowledgment of receipt.
During this period, in the case of an Expert, they can continue to perform services via the Platform but are no longer featured on Wengo websites.
The following User actions may for example lead to suspension or termination:
In particular, concerning an Expert, the following actions may for example lead to suspension or termination:
The User may request the suspension or termination of their Account on the Wengo Platform at any time by contacting User Service and subject to full payment of all amounts due for services rendered.
The suspension of an Expert's Account entails the impossibility of providing services via the Platform. The Expert retains the history of their services and corresponding client reviews. During the suspension period, the Expert is not liable for the minimum fee of Article 8.2.2.
MyBestPro may terminate, at its sole discretion, the operation of the Wengo Platform subject to having previously informed Users respecting a notice period of one (1) month and without such decision being able to engage MyBestPro's liability, in any capacity whatsoever. Under the same conditions, MyBestPro reserves the right to terminate, at its sole discretion, the provision of a category of services on the Wengo Platform, and without such termination being able to engage MyBestPro's liability, in any capacity whatsoever.
MyBestPro reserves the right to modify at any time the General Terms and Conditions of Use as well as to evolve the characteristics (particularly technical) of the Wengo Platform and its tools.
The User is informed of modifications to the General Terms and Conditions of Use on their Account within a period between fifteen (15) and thirty (30) days preceding their entry into force, unless they are dictated by a mandatory rule or judicial decision, in which case their entry into force will be immediate.
The User has the possibility to request the termination of their Account before the expiration of the notice period.
The User connecting to the Wengo Platform and/or maintaining their service offers on the Wengo Platform after their entry into force will be irrefutably deemed to have accepted said modifications.
The User acknowledges that electronic data (including any connection data), recordings and backups made on the Wengo Platform (the "Electronic Documents") will have full probative value, both between Experts and Clients, and in the context of transactions between the User and MyBestPro. Thus, the Electronic Documents (including their date and time) will be binding between the parties in any dispute unless the party against whom the Electronic Document is invoked demonstrates the lack of probative character. In this regard, the User authorizes MyBestPro to record exchanges made through the remote communication means used (particularly telephone conversations and email exchanges).
Similarly, call tickets summarizing calls made by the User and serving as a basis for billing, as well as their reproductions on microfiches, optical or magnetic disks, magnetic tapes, kept by MyBestPro are opposable to the User as evidence.
MyBestPro will keep, on behalf of the User, the Electronic Documents materializing transactions. Each User will be able to access Electronic Documents relating to transactions concerning them upon simple request addressed to MyBestPro.
The terms "Personal Data", "Data Controller", "Recipient" have the same definitions as those provided by the European Data Protection Regulation (the "GDPR").
Within the framework of these General Terms and Conditions of Use, MyBestPro acts as Data Controller and is led to collect certain Personal Data of Users.
The methods of collecting Personal Data are described in the Personal Data Protection Charter available on Wengo websites.
Any clause of the General Terms and Conditions of Use that would be declared null or unlawful by a competent judge will be deprived of effect, but its nullity shall not affect the other provisions of the General Terms and Conditions of Use nor affect the validity of the General Terms and Conditions of Use as a whole or in its legal effects.
The execution by MyBestPro of its contractual obligations will be suspended in case of occurrence of any event constituting force majeure as defined in paragraph 1 of Article 1218 of the Civil Code and by jurisprudence.
If the impediment to the execution of its obligations by MyBestPro is only temporary, the execution of these obligations is then considered as suspended. The contract concluded between MyBestPro and the User is considered as resolved if the delay in the execution of its obligations by MyBestPro does not justify the resolution of said contract, or if the impediment to the execution of its obligations by MyBestPro is definitive.
Users will not be held responsible, or considered as having failed to comply with the provisions of the General Terms and Conditions of Use, for any delay or non-execution when the cause of the delay or non-execution is related to a case of force majeure as defined in paragraph 1 of Article 1218 of the Civil Code.
The User intervenes on the Wengo Platform in a totally independent manner and their registration does not constitute any relationship of subordination, agency, de facto company or participation or representation.
Any notification provided for by the General Terms and Conditions of Use must be made by the User to MyBestPro by registered letter with acknowledgment of receipt to the following address: MyBestPro, Service Utilisateurs, 75 rue d'Amsterdam 75008 Paris.
MyBestPro reserves the right to transfer to any company of its choice all or part of the rights and obligations arising between the User and MyBestPro.
The General Terms and Conditions of Use are subject to French law.
The User who would consider themselves wronged in the context of a transaction occurred on the Wengo Platform can at any time initiate a dispute resolution procedure via the "Messaging" module accessible from their Account.
The messaging particularly allows a webmail dialogue between the two Users to the disputed transaction. Users are informed by email and in their Account of any new message added to the dialogue.
Users undertake to communicate in good faith, in a loyal and sincere manner. The User therefore undertakes not to harass, threaten, or insult their interlocutor.
The User who initiated the dialogue has the possibility to close it at any time.
The Expert involved in a dispute resolution procedure has the possibility to compensate their User at their discretion, and up to the total amount invoiced to their Client for the transaction, using the voucher issuance module available in their space. Any use of the voucher by the Client entails resolution of the dispute.
Users who have not managed to resolve alone the dispute opposing them can report the existence of this dispute to MyBestPro's User Service.
MyBestPro, through its User Service, will attempt to bring Users to an amicable resolution of the dispute within a period of six (6) months from the completion of the transaction.
Users undertake to communicate to MyBestPro all information elements that MyBestPro will deem necessary for the resolution of the dispute, it being understood that in its capacity as intermediary as defined in the General Terms and Conditions of Use, MyBestPro does not in any case ensure Users of the successful completion of the Dispute resolution procedure.
The User undertakes not to report an unfounded dispute or one marked by bad faith. Failing this, they expose themselves to having their Account suspended or terminated by right by MyBestPro.
Specific Complaint Handling Procedure (Expert)
Any Expert can address their complaint in this framework for the following subjects:
The Expert must address their complaint by email to the following address: [email protected]
MyBestPro undertakes to acknowledge receipt of this complaint within 48h (excluding Weekend in which case, the deadline expires on the second working day following receipt of the complaint) and to provide a response within a maximum period of one month.
Any dispute between an Expert and MyBestPro will first be subject to mediation with the Business Mediator: www.economie.gouv.fr/mediateur-des-entreprises or with the Île-de-France Chamber of Commerce and Industry. The Expert and MyBestPro undertake to each bear a reasonable share of the mediation costs and to provide all necessary collaboration in the search for an amicable solution. In case of failure of mediation, the dispute will be submitted to the Paris Judicial Court.
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